What divorced spouses can claim from Social Security

If you were married for at least 10 years and are now divorced, you may be able to claim Social Security benefits based on your ex-spouse's work record — even if they have remarried, and even if they have not yet claimed benefits themselves. You do not need your ex-spouse's permission, and claiming on their record does not reduce the amount they receive.

The benefit amount you receive is based on your ex-spouse's earnings history, but it is capped at 50 percent of what they would receive at their full retirement age. If you also worked and earned your own Social Security benefit, the Social Security Administration (SSA) will pay you whichever is higher — your own benefit or the ex-spouse benefit — not both.

This option exists because you contributed to the household during your marriage, even if you did not work outside the home. The SSA treats your ex-spouse's earnings as partially yours for benefit purposes.

Key Takeaways

  • You must have been married for at least 10 years and be at least 62 years old to claim benefits on an ex-spouse's record.
  • Your ex-spouse does not have to have claimed benefits yet, and they do not have to know you are claiming on their record.
  • The maximum you can receive is 50 percent of what your ex-spouse gets at their full retirement age, even if you claim earlier.
  • If you have your own work record, Social Security pays you the higher of the two amounts, not a combination of both.
  • You must be unmarried at the time you claim; remarriage after age 60 does not affect your ability to claim on an ex-spouse's record.

The 10-year marriage requirement and other basic rules

The marriage must have lasted at least 10 years, counted from the date you married to the date the divorce was final. If you were married for 9 years and 11 months, you do not meet the requirement. The SSA counts the full calendar day, so a marriage that ended on the 10th anniversary date counts as 10 years.

You must be at least 62 years old to claim. There is no upper age limit — you can claim at 62, or wait until later. If you wait until your full retirement age (which ranges from 66 to 67 depending on your birth year), your benefit amount will be higher than if you claim at 62.

You must be unmarried when you claim. If you remarried before age 60, you cannot claim on your ex-spouse's record. If you remarried at age 60 or later, you can still claim on your ex-spouse's record, but you cannot claim on your current spouse's record unless your current marriage has also lasted 10 years.

How the benefit amount is calculated

The SSA calculates your ex-spouse's Primary Insurance Amount (PIA) — the benefit they would receive at their full retirement age — based on their 35 highest-earning years. Your ex-spouse benefit is then set at 50 percent of that PIA, regardless of when your ex-spouse actually claims.

If you claim before your own full retirement age, your benefit is reduced. The reduction is roughly 35 percent if you claim at 62, and it decreases the closer you get to your full retirement age. This reduction applies to both your own benefit and any ex-spouse benefit you receive.

If you have both a work record and an ex-spouse record, the SSA uses a formula called the Government Pension Offset or Windfall Elimination Provision (WEP) in some cases. These rules reduce your benefit if you also receive a pension from work that was not covered by Social Security — for example, some government jobs. The reduction is not automatic; it applies only if you meet specific conditions.

When your ex-spouse has not yet claimed benefits

You can claim on your ex-spouse's record even if they have not claimed yet, as long as you are at least 62 and the divorce has been final for at least two years. If the divorce has been final for less than two years, your ex-spouse must have already claimed benefits before you can claim on their record.

Your ex-spouse does not receive any notice that you have claimed on their record. The SSA does not contact them or ask permission. They will not know unless you tell them or they check their own Social Security account.

If your ex-spouse has not yet claimed and you claim on their record, your claim does not affect when or how much they receive. They can claim at any time and receive their full benefit amount.

How claiming early or late affects your payment

If you claim at 62, your benefit is reduced by roughly 35 percent from what you would receive at your full retirement age. At 63, the reduction is roughly 25 percent. At 64, roughly 13 percent. At your full retirement age, there is no reduction. After your full retirement age, your benefit increases by roughly 8 percent per year until age 70.

These percentages explore whether you are claiming on your own record or your ex-spouse's record. The reduction is permanent — if you claim at 62, you will receive the reduced amount for the rest of your life, even after you reach your full retirement age.

If you are still working and earning above a certain threshold, your benefit may be temporarily reduced. In 2024, if you claim before your full retirement age and earn more than $23,400 per year, Social Security reduces your benefit by $1 for every $2 you earn above that amount. This reduction stops once you reach your full retirement age.

Divorced and remarried: how it affects your claim

If you remarried before age 60, you lose the right to claim on your first ex-spouse's record. You can only claim on your current spouse's record if that marriage has lasted at least 10 years.

If you remarried at age 60 or later, you can still claim on your first ex-spouse's record. You can also claim on your current spouse's record if that marriage has lasted 10 years. The SSA will pay you whichever benefit is higher.

If you have been married multiple times and each marriage lasted at least 10 years, you can claim on any of those ex-spouses' records. The SSA will pay you the highest benefit you are may have access to to, not a combination.

How to claim and what documents you will need

You can claim by calling the SSA at 1-800-772-1213, visiting your local Social Security office, or creating an account on the SSA website at ssa.gov and using their online process. The phone line is typically less busy early in the morning or late in the afternoon on weekdays.

You will need to provide your Social Security number, proof of citizenship or legal residency, a birth certificate, and proof of the divorce (usually a certified copy of the divorce decree). If you have changed your name since the divorce, bring a document showing the name change, such as a marriage certificate or court order.

If your ex-spouse is deceased, you will need a certified copy of their death certificate. If you are claiming on a living ex-spouse's record, you do not need to provide their information — the SSA will look it up using your ex-spouse's Social Security number, which you should provide if you know it. If you do not know it, the SSA can search for it using your ex-spouse's name and date of birth.

What happens if your ex-spouse is deceased

If your ex-spouse has died, you may be able to claim survivor benefits instead of ex-spouse benefits. Survivor benefits are often higher than ex-spouse benefits — they can be up to 75 percent of what your ex-spouse was receiving or may have access to to receive, depending on your age and relationship to them.

To claim survivor benefits, you must be at least 60 years old (or 50 if you are disabled). You must have been married for at least 10 years, and you must be unmarried at the time you claim (with the same exception: remarriage at age 60 or later does not disqualify you).

Survivor benefits are paid from a different pool of money than retirement benefits, so the amount available to you is not affected by other family members claiming on your ex-spouse's record. However, if your ex-spouse had other survivors — a current spouse, children, or a parent — those survivors may also be claiming, and the total paid to all survivors is capped at roughly 150 to 180 percent of what your ex-spouse was receiving.

Frequently Asked Questions

Can I claim on my ex-spouse's record if they are still working?

Yes. Your ex-spouse's current work does not affect your ability to claim on their record. They can be working full-time, part-time, or not at all. Their earnings do not reduce your benefit amount.

Will my ex-spouse's new spouse be able to claim on their record too?

Yes, if the new marriage has lasted at least 10 years. Multiple people can claim on the same person's record — you, their current spouse, and any other ex-spouses who meet the requirements. Each person receives their own benefit based on the same earnings record.

What if I was married less than 10 years but very close?

The SSA counts the full calendar day. If your divorce was final even one day before the 10-year mark, you do not meet the requirement. There is no exception for marriages that are close to 10 years.

Can I claim on my ex-spouse's record and then switch to my own record later?

If you were born on January 2, 1954 or later, you cannot switch between records. You will receive whichever benefit is higher based on your age when you claim. If you were born before January 2, 1954, you may have been able to claim on one record and switch to another, but those rules have changed and no longer explore to new claims.

What if my ex-spouse claims and then stops claiming later?

Once your ex-spouse claims benefits, they can request to suspend their benefits only within the first 12 months of claiming. After that, they cannot suspend. Your benefit is not affected by whether they suspend or not — you will continue to receive your benefit based on their earnings record.